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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,627 case citations
Before: Loukas-Karlsson J
Before: Tracey J
Before: Commissioner P
Before: Bell CJ at [1]Mitchelmore JA at [124]Stern JA at [125]
The Court of Appeal agreed that the evidence supported a finding that Mr Lee personally made the statements about building licensing and insurance. It also found that the primary judge had generally given him adequate procedural information as an unrepresented litigant. However, the trial was unfair because he was not allowed to cross-examine Ms Huo when she was present and available, and the judge did not take relevant expert evidence about completed work into account when assessing damages. Because those errors could have affected the result, the Court set aside the judgment and ordered a rehearing. It rejected the claim that the primary judge appeared biased.
Before: Seiden SC DCJ, Deputy PresidentP H Molony, Senior Member